Allowed

Kapil Yadav v. The State of Bihar

Patna HC24 Jun 2021CR. APP (SJ)/840/2021

Case brief

AI extract

What is this about?

The Patna High Court allowed an criminal appeal challenging the rejection of anticipatory bail. The court set aside the lower court order granting bail and directed the accused to appear within four weeks, providing directions for release on bail if they surrendered within the mandated period.

What did the court decide?

The appeal is allowed; the impugned order is set aside; appellants to surrender within four weeks for release on personal bonds; bond with sureties to be furnished within eight weeks.

Kapil Yadav Vs The State of Bihar — Caste Atrocities | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.840 of 2021

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Arising Out of PS. Case No.-132 Year-2020 Thana- BELAGANJ District- Gaya

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======================================================

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KAPIL YADAV S/o- Late Nathun Yadav R/o Village- Jahir Bigha, P.S.Belaganj, District- Gaya.

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Ram Pravesh Yadav S/o- Nathun Yadav @ Pairu Yadav R/o Village- Jahir Bigha, P.S.- Belaganj, District- Gaya.

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Lalendra Yadav S/o- Pairu Yadav R/o Village- Jahir Bigha, P.S.- Belaganj, District- Gaya.

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Rameshwar Yadav S/o- Indradeo Yadav R/o Village- Jahir Bigha, P.S.Belaganj, District- Gaya.

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Kameshwar Yadav S/o- Late Nathun Yadav R/o Village- Jahir Bigha, P.S.Belaganj, District- Gaya.

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr.Sunil Kumar Yadav For the Respondent/s : Spl.. P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 24-06-2021 Heard learned counsel for the appellants and learned

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Special P.P. for the State through virtual mode.

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Learned counsel for the appellants is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

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The appellants have challenged the order dated 07.09.2020 passed by learned Exclusive Special Judge, SC/ST, Gaya in ABP No. 127/2020 in connection with Belaganj P.S. Case No. 132/2020 registered for the offences under sections

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Patna High Court CR. APP (SJ) No.840 of 2021(2) dt.24-06-2021 2/3

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147, 148, 341, 504, 323, 307/34 of the Indian Penal Code and 3(i)(r)(s) of SC/ST Act whereby the prayer made on behalf of the appellants for grant of anticipatory bail has been rejected.

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Prosecution allegation, in short, is that the accused persons badly assaulted the informant and also abused by taking caste name.

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It has been submitted on behalf of the appellants that the appellants have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the appellants. The appellants have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under section 307 IPC is made out. At best, it is a case for offence under section 324 IPC. No occurrence is said to have taken place within public view. Hence, no offence under SC/ST Act is made out in the present case.

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On behalf of the State, it is submitted that the appellants are named in the F.I.R.

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Considering the aforesaid facts and circumstances, the order dated 07.09.2020 passed by learned Exclusive Special Judge, SC/ST, Gaya in ABP No. 127/2020 is set aside.

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The appeal stands allowed.

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Let the appellants, above named, in the event of

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Patna High Court CR. APP (SJ) No.840 of 2021(2) dt.24-06-2021 3/3

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arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya in connection with Belaganj P.S. Case No. 132/2020.

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Once the normalcy is restored, the appellants shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

Kapil Yadav v. The State of Bihar

Case brief

What is this about?

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Kapil Yadav v. The State of Bihar

Case brief

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